Business is global today. Most corporations operate in many countries. Corporate misconduct that can give rise to securities fraud can happen on Unites States soil or in any other country. So too a whistleblower can work in any country or be a citizen of any country and still be able to receive a cash reward for disclosing to the SEC those facts that give rise to securities fraud. The Dodd Frank Whistleblower Law does not make a distinction between United States citizens and citizens of other countries.
Corporation must have to register securities with the SEC
The Dodd Frank Whistleblower Law only requires that the corporation have securities that must be registered with the SEC. This then includes:
- Corporations that issue common stock, preferred stock or any type of equity security on any United States securities exchange, including for example the New York Stock Exchange and the NASDAQ.
- Corporations that issue bonds, indentures, notes or any other form of debt security that requires those debt instruments be filed with the SEC.
- Foreign corporations that issue what are known as American Depositary Receipt (an ADR) and those ADR trade on a United States stock exchange, including again the New York Stock Exchange and the NASDAQ.
The Dodd Frank Whistleblower Law then places no such registration or citizenship requirements on whistleblowers.
Non United States citizen should seek counsel from whistleblower attorney
Under the Dodd Frank Whistleblower Law, all potential whistleblowers should seek counsel from an experienced whistleblower attorney. An attorney can help you organize the documents, if any, present your matter to the SEC in the best possible light to maximize any cash reward and protect your anonymity. This is doubly true if the whistleblower is a non United States Citizen. The Dodd Frank Whistleblower Law may interact with the laws of your home country and a full vetting of this issue should occur with an experienced whistleblower lawyer during the aggregation of the information that constitutes potential securities fraud.